Common use of Email Newsletters Clause in Contracts

Email Newsletters. Any email newsletters sent to AOL Members by ICP or its agents shall (i) be subject to AOL's policies on use of the email functionality, including but not limited to AOL's policy on unsolicited bulk email, (ii) be sent only to AOL Members requesting to receive such newsletters, (iii) not contain Content which violates AOL's Terms of Service, and (iv) not contain any advertisements, marketing or promotion for any other Interactive Service. AOL MEMBER COMMUNICATIONS. To the extent ICP is otherwise permitted to send communications to AOL Members (in accordance with the other requirements contained herein): in any such communications to AOL Members on or off the ICP Internet Site (including, without limitation, e-mail solicitations), ICP will limit the subject matter of such communications to those categories of products, services and/or content that are specifically contemplated by this Agreement and will not encourage AOL Members to take any action inconsistent with the scope and purpose of this Agreement, including without limitation, the following actions: (i) using an Interactive Site other than the ICP Internet Site for the purchase of Products, (ii) using Content other than the Licensed Content; (iii) bookmarking of Interactive Sites; or (iv) changing the default home page on the AOL browser. Additionally, with respect to such AOL Member communications, in the event that ICP encourages an AOL Member to purchase products through such communications, ICP shall ensure that (a) the AOL Network is expressly promoted as the primary means through which the AOL Member can access the ICP Internet Site (including without limitation by stating the applicable Keyword Search Term and including direct links to specific offers within the ICP Internet Site) and (b) any link to the ICP Internet Site will link to a page which indicates to the AOL Member that such user is in a site which is affiliated with the AOL Network.

Email Newsletters. Any email newsletters sent to AOL Members by ICP or its ----------------- agents over the AOL Network shall (i) be subject to AOL's policies on use of the email functionality, including but not limited to AOL's policy on unsolicited bulk email, (ii) be sent only to AOL Members requesting to receive such newsletters, (iii) not contain Content which violates AOL's Terms of Service, and (iv) not contain any advertisements, marketing or promotion for any other Interactive Service. AOL MEMBER COMMUNICATIONSMember Communications. To the extent ICP is otherwise permitted to send ------------------------- communications to AOL Members (in accordance with the other requirements contained herein): in any such communications to AOL Members on or off the ICP Internet Site (including, without limitation, e-mail solicitations), ICP will limit the subject matter of such communications to those categories of products, services and/or content that are specifically contemplated by this Agreement and will not encourage AOL Members to take any action inconsistent with the scope and purpose of this Agreement, including without limitation, the following actions: (i) using an Interactive Site other than the ICP Internet Site for the purchase of Products, (ii) using Content other than the Licensed Content; (iii) bookmarking of Interactive Sites; or (iv) changing the default home page on the AOL browser. Additionally, with respect to such AOL Member communications, in the event that ICP encourages an AOL Member to purchase products through such communications, ICP shall ensure that (a) the AOL Network is expressly promoted as the primary means through which the AOL Member can access the ICP Internet Site (including without limitation by stating the applicable Keyword Search Term and including direct links to specific offers within the ICP Internet Site) and (b) any link to the ICP Internet Site will link to a page which indicates to the AOL Member that such user is in a site which is affiliated with the AOL Network.

Email Newsletters. Any email newsletters sent to AOL Members by ICP or its ------------------ agents shall (i) be subject to AOL's policies on use of the email functionality, including but not limited to AOL's policy on unsolicited bulk email, (ii) be sent only to AOL Members requesting to receive such newsletters, (iii) not contain Content which violates AOL's Terms of Service, and (iv) not contain any advertisements, marketing or promotion for any other Interactive Service. AOL MEMBER COMMUNICATIONSMember Communications. To the extent ICP is otherwise permitted to send -------------------------- communications to AOL Members (in accordance with the other requirements contained herein): in any such communications to AOL Members on or off the ICP Internet Site (including, without limitation, e-mail solicitations), ICP will limit the subject matter of such communications to those categories of products, services and/or content that are specifically contemplated by this Agreement and will not actively encourage AOL Members to take any action inconsistent with the scope and purpose of this Agreement, including without limitation, the following actions: (i) using an Interactive Site other than the ICP Internet Site for the purchase of Products, (ii) using Content other than the Licensed Content; (iii) bookmarking of Interactive Sites; or (iv) changing the default home page on the AOL browser. Additionally, with respect to such AOL Member communications, in the event that ICP encourages an AOL Member to purchase products through such communications, ICP shall ensure that (a) the AOL Network is expressly promoted as the primary means through which the AOL Member can access the ICP Internet Site (including without limitation by stating the applicable Keyword Search Term and including direct links to specific offers within the ICP Internet Site) and (b) any link to the ICP Internet Site will link to a page which indicates to the AOL Member that such user is in a site which is affiliated with the AOL Network. Customer Data; AOL Data. Any data generated directly from ICP Programming or ----------------------- ICP Tools, including, without limitation, customer names, addresses and medical information frequency but excluding * * * information and AOL screennames (the "Customer Data"), shall be and remain * * * . ICP agrees that AOL may use the Customer Data subject to the terms of this Agreement and AOL's then-applicable privacy policies; provided that both Parties shall use customer-specific medical profile information on a customer-by-customer basis in accordance with both Parties' applicable --------------- *** Certain informaion on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. privacy policies. AOL agrees that during the Term, ICP may use the Customer Data subject to the terms of this Agreement and AOL's then-applicable privacy policies; provided that ICP (a) shall comply with the foregoing paragraphs of this Section V of this Exhibit C, (b) shall provide users the right to have their Customer Data deleted from any database created by or on behalf of ICP, and (c) shall not have the right to use the Customer Data to market or promote any consumer direct information, services or products reasonably construed to be in competition with AOL or any AOL Property. Any data provided by AOL to ICP (e.g., usage reports) (the "AOL Data") shall be and remain the property of AOL, and the AOL Data will be promptly returned to AOL by ICP in the form in which such data is maintained by ICP or, if AOL so elects, will be destroyed, upon (i) AOL's request, (ii) expiration or termination of this Agreement for any reason, or (iii) with respect to any particular AOL Data, on such earlier date that the same is no longer required by ICP in order to provide the services required hereunder. ICP will not use the AOL Data for any purpose other than that of providing such services, nor will the AOL Data, or any part thereof, be disclosed, sold, assigned, leased, or otherwise disposed of to third parties by ICP or commercially exploited by or on behalf of ICP, its employees or agents. ICP will not possess or assert any lien or other right against or to the AOL Data. The Parties agree to amend the provisions of this paragraph from time to time to in good faith to the extent necessary to comply with applicable law, rule or regulation; provided that if any such amendment to the provisions of this paragraph has, or is likely to have, an adverse effect on either Party, then such Party may refer such matter to the Management Committee for resolution.